appellate Archives - Jeremy Gordon

June 25, 2019
Federal Appeals

United States vs. Davis: A Primer

While this is great news for many, I know that a lot of you have plenty of questions about Davis. I want to take this opportunity to discuss what exactly the holding in Davis means, how we got here, and ...

July 2, 2018
Federal Appeals

SUPREME COURT HOLDS THAT AUTOMOBILE EXCEPTION DOES NOT APPLY TO CURTILAGE IN COLLINS VS. VIRGINIA

584 U. S. ____ (2018), No. 16–1027. The Supreme Court handed down an important search and seizure case in Collins vs. Virginia. Officers from the Albemarle County Police Department observed the same motorcycle driver commit a traffic ...

July 2, 2018
Federal Appeals

SUPREME COURT GIVES GUIDANCE ON 3582 MOTIONS WITH 11C1C PLEAS

Hughes v. United States, No. 17–155, 584 U. S. ____ (2018) Eric Hughes accepted a plea deal in 2013 after being accused of four charges related to drug conspiracy. He pled guilty to conspiracy to distribute methamphetamine and being a ...

July 2, 2018
Federal Appeals

ROSALES-MIRELES v. UNITED STATES – CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 16–9493. Argued February 21, 2018—Decided June 18, 2018 Each year, district courts sentence thousands of individuals to imprisonment for violations of federal law. To help ensure certainty and fairness in those sentences, federal district courts are required to consider ...

July 2, 2018
Federal Appeals

SIXTH CIRCUIT HOLDS THAT SURPRISING DEFENDANT BY USING INACCURATE NEWS ARTICLE AT SENTENCING WAS PLAIN ERROR

United States v. Fleming, No. 17-3954 Fleming was convicted of possessing cocaine with intent to distribute. His total offense level was 21, and his criminal history category was II. He was thought to be a career offender, but his priors ...

May 10, 2018
Federal Appeals

Fifth Circuit Vacates Sentence Enhancement Under 16(b) Because of Dimaya

United States of America v. Jose Prisciliano Gracia-Cantu, No. 15-40227, 2018 WL 2068684 Gracia-Cantu pled guilty to being an alien unlawfully present in the United States after previously being deported. He also had a prior conviction for Assault Family Violence ...

May 10, 2018
Federal Appeals

Seventh Court Remands Case for Failure to Bring Defendant to Court for Plea

United States v. Bethea, Seventh Circuit, No. 17-3468, 2018 WL 1959638 Bethea was charged with using fraudulently obtained credit cards to purchase merchandise at retailers. He had a combined guilty plea and sentencing hearing. The judge was in his courtroom in ...

May 10, 2018
Federal Appeals

Eleventh Circuit Reverses for Failure to Hold Evidentiary Hearing on 2255

McCalla pled guilty to conspiracy to possess at least five kilograms of cocaine with intent to distribute. The Mandatory minimum, in that case, was ten years. His range of punishment was 136 to 168 months. He was sentenced to 126 moths ...

May 10, 2018
Federal Appeals

Ninth Circuit Vacates Conviction Based on Constructive Amendment

In United States v. Ricky Davis, the Ninth Circuit Court of Appeals vacated and remanded a conviction for attempted sex trafficking of a minor. The defendant was accused of brining a minor to his house and discussing the possibility of ...

‘appellate’